State and local power over commerce. Requiring state legislation and regulation to protect the publics health, safety, morals, and general welfare.

Dormant commerce clause concept

State regulations must not violate the federal commerce clause. Also they are not arbitrary, capricious, or unreasonable.

FAA

Exclusively Federal

Exclusively State

Within state powers can not substantial impact on interstate commerce, states can regulate.

Federal preemption

Federalism/ Supremacy clause

Federal statute preempts a particular area of regulation, any state or local law retraining to the same subject matter is unconstitutional under the commerce clause.

Undue burden 2 catagories

Those that burden interstate commerce only incidentally. (having an impact on interstate commerce, tolls that are only of out of states)

Those that affirmatively discriminate against such transactions. (out of states, tuition acceptable)

Functions of Agencies

Rule making

Adjudicating

Advising

Investigating

Standing to Sue a Federal Agency

Reviewability- is the action or decision of the agency subject to judicial review.

Aggrieved Party- generally the plaintiff must have been harmed by an administrative action or decision to have a standing.

Exhaustion of Remedies

A concept used in administrative law that requires any party to an administrative proceeding to give the administrative agency every opportunity to resolve the dispute before appealing to the court system.